People v. Gayner H.

OPINION OF THE COURT

Memorandum.

Judgment adjudicating defendant a youthful offender unanimously affirmed.

Defendant’s contention that the People failed to comply with the notice requirement set forth in Penal Law § 450.10 is without merit since the police never had custody of the stolen merchandise (People v Williams, 214 AD2d 437 [1995]; People v Faucette, 201 AD2d 252 [1994]; People v Lowe, 135 AD2d 836 [1987]). The police officer merely photographed the merchandise in question at the store after the security guard apprehended the defendant.

The attention of the Legislature should be drawn to…